USDOL v. SIC America, Inc., 2002-LCA-6 (ALJ May 6, 2002)
U.S. Department of
Labor
Office of Administrative Law Judges 2 Executive Campus, Suite 450
2370 Route 70 West Cherry Hill, NJ 08002
(856) 486-3800
Issue date: 06May2002
Case No.: 2002-LCA-00006
In the Matter of
ADMINISTRATOR, WAGE AND HOUR DIVISION Prosecuting Party
v.
SIC AMERICA, INC. Respondent
DECISION AND ORDER ENTERING DEFAULT JUDGMENT
This proceeding arises under 8 U.S.C. § 1182(n), as amended, of the Immigration and Nationality Act ("INA"), and the regulations enacted thereunder at 20 C.F.R. Part 655.
On November 15, 2001, the Administrator notified SIC America of her finding that back wages in the total amount of $20,015.44 were due to H-1B non-immigrant employee, Christophe Hubert, for violations of the INA. SIC America, through its legal counsel, filed a Request for Hearing regarding the Administrator's determination. A hearing was set for February 28, 2002.
On February 15, 2002, counsel for SIC America was permitted to withdraw his representation for good cause shown. On February 27, 2002, Administrative Law Judge Ainsworth H. Brown issued an Order to Show Cause to SIC America, ordering it to show cause within thirty days why a default judgment should not be entered due to their failure to obtain counsel to timely defend the case. As Judge Brown passed away on April 18, 2002, this matter has been assigned to the undersigned for appropriate disposition.
To date, SIC America has not responded to Judge Brown's February 27, 2002 order. Therefore, I hereby enter a default judgment in this case resulting in a final determination of back wages being due in the amount of $ 20,015.44 to Christophe Hubert.
